UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/367265
APPLICANT: SINCLAIR PHARMACEUTICALS LIMITED
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CORRESPONDENT ADDRESS: ANGELO NOTARO NOTARO & MICHALOS PC 100 DUTCH HILL ROAD. SUITE 110 ORANGEBURG. NY 10962-2100
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514 ecom116@uspto.gov
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MARK: ALOCLAIR
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CORRESPONDENT’S REFERENCE/DOCKET NO: J318-088
CORRESPONDENT EMAIL ADDRESS:
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Please provide in all correspondence:
1. Filing date, serial number, mark and applicant's name. 2. Date of this Office Action. 3. Examining Attorney's name and Law Office number. 4. Your telephone number and e-mail address.
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Serial Number 76/367265
Foreign Registration Unacceptable
The applicant’s foreign registration is unacceptable because the mark shown in the foreign registration does not match the mark shown on the drawing page of the U.S. application. The drawing page of the U.S. application includes a design feature. The foreign registration covers only the word mark “ALOCLAIR.”
Generally, if the mark in the foreign registration is in special form, the mark in the United States application must appear in special form. Likewise, if the mark in the foreign registration is in typed form, the mark in the United States application must also be typed.
TMEP section 1011.01.
Thus, registration is refused because the mark shown on the drawing differs from the mark shown on the foreign registration. Trademark Act Section 44, 15 U.S.C. §1126. The drawing must be a substantially exact representation of the mark as it appears in the foreign registration certificate. United Rum Merchants Ltd. v. Distillers Corp. (S.A.) Ltd., 9 USPQ2d 1481 (TTAB 1988); 37 C.F.R. §2.51; TMEP §§807.14 and 1011.01. The applicant cannot amend the drawing to conform to the display of the mark in the foreign registration because such an amendment would materially alter the character of the mark. 37 C.F.R. §2.72(c); TMEP §§807.14, 807.14(a) and 807.14(a)(i).
Fee increase effective January 1, 2003
Effective January 1, 2003, the fee for filing an application for trademark registration will be increased to $335.00 per International Class. The USPTO will not accord a filing date to applications that are filed on or after that date that are not accompanied by a minimum of $335.00.
Additionally, the fee for amending an existing application to add an additional class or classes of goods/services will be $335.00 per class for classes added on or after January 1, 2003.
/Doritt Carroll/
Examining Attorney, LO 116 (703) 306-7904
ecom116@uspto.gov
www.gov.uspto.report/teas/index.html
fax: (703) 746-8116
How to respond to this Office Action:
To respond formally using the Office’s Trademark Electronic Application System (TEAS), visit http://www.gov.uspto.report/teas/index.html and follow the instructions.
To respond formally via E-mail, visit http://www.gov.uspto.report/web/trademarks/tmelecresp.htm and follow the instructions.
To respond formally via regular mail, your response should be sent to the mailing Return Address listed above and include the serial number, law office and examining attorney’s name on the upper right corner of each page of your response.
FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY.